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CIRCULAR No

CIRCULAR No. 01/2002/TT-BYT OF FEBRUARY 6, 2002 GUIDING THE ORGANIZATION AND OPERATION OF HUMANITARIAN MEDICAL EXAMINATION AND TREATMENT ESTABLISHMENTS

Pursuant to the Government�s Resolution No.90/CP of August 21, 1997 on orientations and undertakings for the socialization of educational, medical and cultural activities;

Pursuant to the Government�s Decree No.73/1999/ND-CP of August 19, 1999 on policies to encourage the socialization of activities in the fields of education, health, culture and sports;

Pursuant to the Government�s Decree No.177/1999/ND-CP of December 22, 1999 promulgating the Regulation on organization and operation of social funds and charity funds;

Pursuant to the Finance Minister�s Decision No.56/2000/QD-BTC of April 19, 2000 issuing the Regulation on financial management of social funds and charity funds;

Pursuant to the Health Ministry�s Circular No.08/2000/TT-BYT of April 21, 2000 guiding the implementation of the Government�s Decree No.73/1999/ND-CP of August 19, 1999 on policies to encourage the socialization of activities in the fields of education, health, culture and sports;

Pursuant to the Health Ministry�s Circular No. 20/2000/TT-BYT of November 28, 2000 guiding the consideration for granting of certificates for practice of traditional medicine and pharmacy for business registration of the provision of services for medical examination and treatment with traditional medicines and trading of traditional medicines;

Pursuant to the Health Ministry�s Circular No.21/2001/TT-BYT of September 28, 2001 guiding the conditions for and scope of medical examination and treatment practice at people-founded establishments;

Pursuant to the Finance Ministry�s Circular No.18/2000/TT-BTC of March 1, 2000 guiding a number of articles of the Government�s Decree No.73/1999/ND-CP of August 19, 1999 on policies to encourage the socialization of activities in the fields of education, health, culture and sports;

Pursuant to the Health Ministry�s Circular No.19/2000/TT-BYT of November 24, 2000 guiding the consideration for granting of medical examination and treatment practice certificates;

Pursuant to the Health Ministry�s Circular No.01/2001/TT-BYT of January 19, 2001 guiding the consideration for granting of pharmaceutical trading practice certificates;

The Health Ministry hereby provides the following detailed guidance on organization and operation of humanitarian medical examination and treatment establishments:

Chapter I

GENERAL PROVISIONS

Article 1.- Humanitarian medical examination and treatment establishments are the people-founded medical examination and treatment establishments set up, managed and administered by humanitarian or charity organizations according to law provisions.

Article 2.- Humanitarian medical examination and treatment establishments shall have the following functions:

- To provide humanitarian (free-of-charge) medical examination and treatment to subjects patronized by the founding organizations.

- To provide medical examination and treatment to requesting people in localities where humanitarian medical examination and treatment establishments operate.

Article 3.- The directors of humanitarian medical examination and treatment establishments must have medical examination and treatment practice certificates as prescribed in the Health Ministry�s Circular No.19/2000/TT-BYT of November 24, 2000 guiding the consideration and granting of medical examination and treatment practice certificates and Circular No.20/2000/TT-BYT of November 28, 2000 guiding the consideration for granting of certificates for practice of traditional medicine and pharmacy for business registration of the provision of services for traditional medical examination and treatment with traditional medicines and the trading of traditional medicines.

Article 4.- Forms of organization of humanitarian medical examination and treatment establishments

A. Medical practice:

1. Hospitals:

- General hospitals

- Specialized hospitals.

2. Polyclinics: are those each consisting of many (at least two) specialized sections.

3. Specialized clinics:

- Internal disease examination clinics, including:

+ General internal disease examination rooms

+ Internal organs examination rooms

+ Family consultation rooms

+ Via-telephone medical consultancy rooms.

- Surgery consultation clinics

- Obstetric consultation-family planning clinics

- Facio-odontological consultation clinics

- Ophthalmological consultation clinics

- Oto-rhino-laryngological consultation clinics

- Specialized aesthetic surgery clinics

- Specialized convalescence- functional rehabilitation and physical therapeutic clinics

- Image diagnosis rooms

- Laboratories: bio-chemical, hematological, micro-biological tests and microsome morbid anatomy.

4. Maternity homes.

5. Medical services:

- Injection, bandage change, pulse-rate counting, temperature and blood-pressure measuring.

- At-home healthcare service.

- Patient-transport support service.

B. Traditional medicinal and pharmaceutical practice:

1. Hospitals of traditional medicine.

2. Centers for inheritance and application of traditional medicine and pharmacy (called traditional medicinal centers for short).

3. Traditional medicinal diagnosis rooms.

C. Organization of free-of-charge medical examination and treatment drives and free-of-charge provision of at-home healthcare service.

Article 5.- Humanitarian medical examination and treatment establishments must strictly comply with professional technical regulations issued by the Health Ministry, and other relevant provisions of law.

Article 6.- Humanitarian medical examination and treatment establishments are allowed to operate only after they are granted certificates of eligibility for medical examination and treatment practice by the Health Ministry or Health Services of the provinces and centrally-run cities (referred collectively to as provinces).

Article 7.- Humanitarian and charity organizations that wish to organize humanitarian medical examination and treatment activities must strictly abide by the provisions of this Circular.

Chapter II

CONDITIONS FOR AND SCOPE OF PROFESSIONAL OPERATIONS OF, AND MEDICINE SUPPLY BY, HUMANITARIAN MEDICAL EXAMINATION AND TREATMENT ESTABLISHMENTS

Article 8.- Medical practice shall comply with the provisions of Articles 6, 7, 8, 9,10, 11, 12, 13, 14, 15, 16, 17, 18, 19 and 20 of the Health Ministry�s Circular No.21/2001/TT-BYT of September 28, 2001 guiding the conditions for and scope of medical examination and treatment practice in people-founded establishments. The directors of medical examination and treatment establishments must have medical examination and treatment practice certificates as prescribed in the Health Ministry�s Circular No.19/2000/TT-BYT of November 24, 2000 guiding the consideration for granting of medical examination and treatment practice certificates.

Article 9.- Traditional medicinal and pharmaceutical practice shall comply with the provisions in Chapters II and III of the Health Ministry�s Circular No.08/2000/TT-BYT of April 21, 2000 guiding the implementation of the Government�s Decree No.73/1999/ND-CP of August 19, 1999. The directors of medical examination and treatment establishments must have medical examination and treatment practice certificates as prescribed in Articles 9, 10 and 11 of the Health Ministry�s Circular No.20/2000/TT-BYT of November 28, 2000 on consideration for granting of certificates for practice of traditional medicine and pharmacy for business registration of the provision of services for medical examination and treatment with traditional medicines and the trading of traditional medicines.

Article 10.- The medicine supply at humanitarian medical examination and treatment establishments shall be organized as follows:

1. For hospitals:

1.1. The Pharmaceutical Department shall strictly abide by the Hospital Regulation (issued together with the Health Minister�s Decision No.1895/1997/BYT-QD of September 19, 1997).

1.2. To build emergency medicine chests and free-of-charge medicine chests for patronized subjects.

1.3. In case of organizing the medicine-supply service, the Health Ministry�s Decision No.3016/1999/QD-BYT of October 6, 1999 on organization and operation of hospitals� drug stores must be complied with.

1.4. Medicines distributed free of charge and medicines supplied to subjects requesting medical examination and treatment must be managed separately.

2. For humanitarian medical examination and treatment clinics and maternity homes:

2.1. To build emergency medicine chests; free-of-charge medicine chests, for patronized subjects.

2.2. In case of organizing the medicine-supply service, the Health Ministry�s current regulations must be complied with.

3. For traditional medicine centers: They shall comply with Article 9, Chapter II of the Health Ministry�s Circular No.08/2000/TT-BYT of April 21, 2000 guiding the implementation of the Government�s Decree No.73/1999/ND-CP of August 19, 1999 on policies to encourage the socialization of activities in the fields of education, health, culture and sports.

4. For traditional medicine diagnosis rooms: They shall comply with Article 10, Chapter III of the Health Ministry�s Circular No.08/2000/TT-BYT of April 21, 2000 guiding the implementation of the Government�s Decree No.73/1999/ND-CP of August 19, 1999 on policies to encourage the socialization of activities in the fields of education, health, culture and sports.

5. On criteria and conditions for professional operation of free-of-charge medicine chests:

- The persons directly in charge of those medicine chests must have, at least, degrees of prescription clerks.

- The medicine-distribution activities must fully comply with the regulations on safe, rational and efficient use of medicines:

+ To distribute only those kinds of medicine in compatibility with the professional qualifications of medical personnel at the concerned medical examination establishments.

+ To implement the current professional regulations: The regulation on prescription and sale of medicines according to prescriptions, the regulation on management of toxic medicines, the regulation on management of habit-forming medicines, and the regulation on management of psychotropic substances and pre-substances, etc.

Chapter III

DOSSIERS, PROCEDURES AND COMPETENCE FOR GRANTING OF CERTIFICATES OF ELIGIBILITY FOR HUMANITARIAN MEDICAL EXAMINATION AND TREATMENT PRACTICE

Article 11.-

1. Medical practice shall comply with the provisions in Chapter III of the Health Ministry�s Circular No.21/2001/TT-BYT of September 28, 2001 guiding the conditions for and scope of medical examination and treatment practice in people-founded establishments.

2. Traditional medicinal and pharmaceutical practice shall comply with the provisions in Chapter IV of the Health Ministry�s Circular No.08/2000/TT-BYT of April 21, 2000 guiding the implementation of the Government�s Decree No.73/1999/ND-CP of August 19, 1999 on policies to encourage the socialization of activities in the fields of education, health, culture and sports regarding criteria and conditions for setting up of people-founded traditional medicine-practicing establishments.

Article 12.-

1. Drives of free-of-charge medical examination and treatment and/or free-of-charge provision of at-home healthcare service, organized by domestic humanitarian and charity organizations organizing shall be considered and approved by the provincial Health Services.

2. Vietnam-based foreign organizations or foreign organizations entering Vietnam to organize free-of-charge humanitarian medical examination and treatment drives must send report on and dossier of each member of their respective delegations to the Health Ministry (the Therapy Department for medical practice, and the Traditional Medicine Department for traditional medicinal and pharmaceutical practice) for consideration and approval.

Chapter IV

RIGHTS AND OBLIGATIONS OF HUMANITARIAN MEDICAL EXAMINATION AND TREATMENT ESTABLISHMENTS AND PEOPLE WORKING THEREIN

Article 13.- Humanitarian medical examination and treatment establishments and people working therein shall have the following rights and obligations:

1. Rights:

- To sign contracts with State-run medical establishments in order to get professional, technical and personnel supports...

- To sign contracts with health insurance agencies for medical examination and treatment for subjects entitled to health insurance.

- To receive aids from domestic and foreign organizations and individuals according to the provisions of law.

- To take part in the relevant professional technical activities.

- To refuse to distribute or sell medicines if deeming that they will affect the users� health.

- To join in a professional medical, pharmaceutical or traditional medicine organization set up under law provisions.

- To be free from charges and fees when registering forms of humanitarian medical examination and treatment service.

- Personnel in charge of professional and technical matters in humanitarian medical examination and treatment establishments are allowed to follow long-term courses under the State�s enrolment regulations so as to raise their professional qualifications; regularly take part in the branch�s professional training and fostering activities. People involved in humanitarian medical examination and treatment activities may attend training courses to update their knowledge, especially about dangerous epidemics (malaria, cholera, typhoid, HIV/AIDS...). The provincial Health Services shall have to coordinate with the provincial medical and pharmaceutical associations to train and foster personnel engaged in humanitarian medical examination and treatment activities, improve their professional skills and update their knowledge.

Humanitarian medical examination and treatment establishments or people working therein that record achievements in serving patients shall be commended or rewarded according to the State�s general regulations.

2. Obligations;

- To fully comply with professional technical regulations issued by the Health Ministry.

- To strictly abide by the scope of their permitted professional technical activities.

- Other humanitarian hospitals and humanitarian medical examination and treatment establishments shall draw up their own hospital fee tables (if collecting fees) and report them to the provincial Health Services for consideration and approval or further submission to the provincial People�s Committees for approval, for hospitals.

- To build emergency medicine chests according to the Health Ministry�s regulations; to be refrained from using those medicines or medical equipment for which the circulation registration has not yet been granted, or from applying new techniques without permission of the Health Ministry.

Humanitarian medical examination and treatment establishments are obliged to participate in epidemic prevention and fight as well as national health programs.

Chapter V

MANAGEMENT OF HUMANITARIAN MEDICAL EXAMINATION AND TREATMENT ACTIVITIES

Article 14.- The provincial Health Services are the agencies assisting the provincial People�s Committees to perform the function of State management over humanitarian medical examination and treatment activities, having specialized divisions or personnel to monitor and manage humanitarian medical examination and treatment activities.

Article 15.- Organizations founding humanitarian medical examination and treatment establishments shall directly and comprehensively manage those establishments.

Article 16.- Sources of revenue of humanitarian medical examination and treatment establishments:

1. Financial aids from domestic and foreign organizations and individuals.

2. Supports from local administrations (if any).

3. Revenues from medical examination and treatment services provided at the requests of people in localities.

4. The management and use of funding sources mentioned at Clauses 1, 2 and 3 of this Article must strictly comply with current law provisions.

Article 17.- The periodical reports of the provincial Health Services to the Health Ministry (the Therapy Department) should contain one part on the management of humanitarian medical examination and treatment activities in localities.

2. Annually, the provincial Health Services shall send separate reports on humanitarian medical examination and treatment activities to the Health Ministry (the Therapy Department, for medical practice; the Traditional Medicine Department, for traditional medicinal practice, and the Legal Department), which shall be made according to the forms provided for in Appendix 18 to the Health Ministry�s Circular No.21/2001/TT-BYT of September 28, 2001.

Chapter VI

EXAMINATION, INSPECTION AND HANDLING OF VIOLATIONS

Article 18.- The Health Ministry, the provincial Health Services shall organize regular or extraordinary examination and inspection of the implementation of law provisions on humanitarian medical examination and treatment activities. Organizations engaged in humanitarian medical examination and treatment activities shall be subject to, and have to create favorable conditions for, examinations and inspections at their respective establishments.

Article 19.- Handling of violations: Humanitarian medical examination and treatment establishments and people working therein that violate the provisions of this Circular or medical professional regulations shall, depending on the seriousness of their violations, be handled according to law provisions.

Chapter VII

IMPLEMENTATION PROVISIONS

Article 20.- This Circular takes effect 15 days after its signing. All the earlier stipulations, which are contrary to the provisions of this Circular, are hereby annulled.

Article 21.- The Health Ministry assigns the Therapy Department to act as the main body in coordinating with the Inspectorate, Vietnam Pharmaceuticals Management Department, the Legal Department, the Traditional Medicine Department and relevant departments under the Health Ministry to monitor, examine and inspect the implementation of this Circular.

Article 22.- The directors of the provincial Health Services and the heads of the concerned units shall have to organize the implementation of this Circular. In the course of implementation, if problems arise, they are requested to report them in writing to the Health Ministry (the Therapy Department, for medical practice or the Traditional Medicine Department, for traditional medicinal and pharmaceutical practice) for study and guidance of settlement.

For the Health Minister

Vice Minister
LE NGOC TRONG